Litigation Resources

Chris Welsh, Esq. A California jury has granted a $5.7 million verdict against Johnson & Johnson, and its subsidiary, Ethicon Inc., for failing to warn health care providers of the risks associated with their defectively designed transvaginal mesh device. It is the fourth plaintiffs’ victory against Johnson & Johnson and Ethicon regarding the mesh devices (“TVMs”). To date, over 25,000 claims have been brought in state and federal courts against the suppliers. The lead plaintiff, Coleen Perry, had the Ethicon device implanted to treat stress urinary incontinence in 2011. Within a year, she had to have surgery to remove parts …

Chris Welsh, Esq. welsh-law.com Have you ever been in a minor car crash and experienced the stress of getting medical bills paid by your insurance company afterwards? Truth is, you’re not alone. A new CNN investigation has found that insurance companies play hardball when it comes to minor crashes, even when you’re not at fault. Minor car crashes are accidents in which there is little damage to your car and, at first glance, little personal injury to you. The trouble is that minor crashes can bring about moderate to serious injuries that the eye doesn’t always see, such as herniated …

Chris Welsh, Esq. welsh-law.com A county jury in Iowa has awarded a former truck driver $25 million in punitive damages in a case against his workers’ compensation insurance provider. The driver, Toby Thornton, 37, of Clayton County Recycling was paralyzed in a front the chest down in a trucking accident, after which his employer’s insurance company fought his claim for compensation benefits for years, even denying that he was paralyzed. The Pottawattamie County jury found that the American Interstate Insurance for acted in bad faith in its handling of Thornton’s claim, and awarded Thornton $25 million in punitive damages and …

Chris Welsh, Esq. www.welsh-law.com The Florida Court of Appeal, 5th District, has reinstated negligence claims against a pharmacy in the death of patient Steven Porter, who was being treated for a stress syndrome (harrismartin.com). Allegedly, the pharmacy filled prescriptions that were lawfully written by a physician but unreasonable, thus breaching its duty of care to the patient. The appeals court concluded that the pharmacy could be held liable for failing to inquire why the patient’s doctor repeatedly prescribed drugs before previous prescription for that drug had been finished. It is alleged that the pharmacy filled up to 30 prescriptions for …

Chris Welsh, Esq. www.welsh-law.com Later this month, there will be a hearing to decide whether federally-filed Takata Airbag cases should be consolidated for one district court and, if so, which in particular. Takata, a Japanese auto supplier, has struggled with airbag ruptures for nearly two decades (NY Times). The cause is believe to be an unstable compound that blows up in response to pressure or temperature changes. The explosion may be due to the fact that Takata is reportedly the only supplier to use ammonium nitrate, an explosive chemical, to inflate airbags rapidly. The faulty airbag has been linked to …